What Is Criminal Trespass in Maine?

In Maine, a person commits criminal trespass when they knowingly enter or stay on another person's property without their authority or permission, particularly after being warned not to or failing to leave when instructed to. The key element is notice; the individual must know that they are not licensed or privileged to enter or stay in that location. This extends to a variety of properties, including buildings and vehicles, and warnings may be given through fencing, signage, and verbal communication. Title 17-A, §402 of the Maine state legislature defines this crime and sets down the different circumstances where it applies.

According to Maine’s statutes, criminal trespass offenses may be classified as misdemeanors or elevated to a felony depending on any aggravating factors affecting the case.

How to Look Up Public Criminal Trespass Records in Maine

Interested parties have several options to look up criminal trespass records in Maine. The most reliable options are the official government sources, such as the Maine eCourts record database and criminal history checks from the Maine State Bureau of Information.

• The Maine eCourt Public Portal is an online database operated by the Maine Judicial Branch with a search tool that allows users to search for civil and criminal cases, including criminal trespass cases. Public users must register an account on the database using a valid email address. There is no fee to register and search for records using the database.
• Record seekers may also request Criminal History Record Information from the repository maintained by the Maine State Bureau of Information. Offenders are typically required to create an account on the website and provide a full name and date of birth. Criminal histories may be obtained online for a fee of $31 per search, and results are typically mailed to the email address given during registration.
• Where a case cannot be found online or in the eCourts database, record seekers may visit the Clerk of Courts for the county where the case was heard. Staff at the clerk’s office may locate records using the name and case number or confirm case status and provide physical copies. Although inspecting records may be free, the clerk’s office may charge copy fees per page.

It should be noted that juvenile records, sealed, and expunged records typically do not show in any search results.

Types of Criminal Trespass Offenses

Under the conditions listed in Title 17-A, §402 of the Maine Revised Statutes, criminal trespass may range from a minor offense like a misdemeanor to a serious felony, depending on where it occurs and the factors of the case.

Under the law, a criminal trespass may be considered a Class E misdemeanor if the offender enters an open land or property despite seeing a no entry or trespass signage or being told verbally to leave. This typically leads to a jail sentence and fines.

When the offense involves a dwelling, a locked/secured area, or a fenced-off property, the offense may be elevated to a Class D misdemeanor, which carries stronger penalties. Such a conviction may also lead to a permanent criminal record.

A criminal trespass may escalate to a Class C felony if the offender trespassed while committing a more serious offense or with the intent to commit more serious crimes, such as assault or burglary. With the aggravating factors in such a case, prosecutors may decide to charge the offender with felony-level offenses.

To understand how criminal trespass offenses fit in Maine’s legal system, record seekers may look up detailed information about these types of crimes in official criminal records on online websites.

Penalties for Criminal Trespass in Maine

A conviction for criminal trespass in Maine may lead to serious consequences, even if it is considered a minor offense. The penalties may vary depending on the exact details of the case, including where the trespass occurred, whether the offender ignored warnings, and whether there were any other aggravating factors. Most criminal trespass offenses are considered misdemeanors; however, the offense may escalate to a felony depending on whether the offense occurred during another crime.

When a criminal trespass is considered a Class E misdemeanor, the penalties are typically up to 6 months in jail and a fine of up to $ 1,000. A Class D misdemeanor trespass results in a sentence of up to one year in prison and a fine of up to $ 2,000. Suppose there are escalating factors, such as the use of weapons, ignoring warnings, trespass occurring at night, and property damage. In that case, the offense may be escalated to aggravated criminal trespass, which is a Class C felony. This offense carries penalties of up to 5 years in prison and a maximum fine of $5000.

Can You Be Arrested for Criminal Trespass in Maine?

Yes, in Maine, criminal trespass is typically an arrestable offense. Law enforcement officers are authorized to arrest the trespasser if they are found on another person’s property without permission or if there is evidence that they were on the property illegally.

The arrest may be made immediately if the police catch the trespasser on the property after they have been warned to leave. If the trespasser has left the area, then the arrest may be made later based on evidence, such as video surveillance footage, pictures, or eyewitness testimony.

Criminal trespass is typically charged as a Class E or Class D misdemeanor in Maine, but it still incurs serious penalties such as prison time, fines, and a criminal record.

How Criminal Trespass Differs from Breaking in or Burglary in Maine

Criminal trespass may be confused with burglary or unlawful entry, but according to the Maine legal system, these are separate offenses with differences in description and penalties. A criminal trespass simply means the offender was on another person’s property, which includes vehicles, land, or a building, without permission.

Burglary, as defined by Maine Revised Statutes Title 17-A, §401, is a lot more serious. It involves the offender entering a place with the specific intent to commit a crime, such as assault, theft, or vandalism. The intent to commit a crime is what differentiates criminal trespass from burglary. Maine law uses burglary instead of “breaking and entering” to describe offenses where a person enters a structure or building illegally to commit a crime, even if no force is involved.

Can a Criminal Trespass Charge Be Dismissed or Reduced in Maine?

Often, prosecutors in Maine may dismiss or reduce criminal trespass charges, especially for first-time offenders or minor incidents where there was no harm. As a Class D or E misdemeanor, criminal trespassers are considered low-level offenses, and the courts are willing to accept alternatives to conviction and jail in some cases.

For first-time non-violent offenders, the prosecutor may offer a guilty plea deal, which typically allows the charge to be reduced to a lesser offense in exchange for the offender entering a deferred disposition or diversion program. These programs allow offenders to serve their sentence within the community instead of jail if they meet certain conditions, such as probation, counseling, educational classes, community service, and paying restitution. If the offender stays out of trouble and successfully complies, the offense may be reduced or even dismissed.

Maine also offers opportunities for criminal trespass records to be sealed or expunged. This may be possible for offenders who completed a diversion program or those who have remained crime-free for several years since the offense.

Will a Maine Criminal Trespass Charge Stay on Your Record?

In Maine, a criminal trespass charge or conviction typically appears on your criminal record and appears in the results of background checks, especially in the case of a prison sentence. Since it is considered a Class E or D misdemeanor, it typically becomes part of the criminal history records maintained by Maine’s State Bureau of Identification. This means that the general public, including landlords, employers, and licensing agencies, may access these records through a background check.
However, the visibility of the record typically depends on how the case was finally settled.

• If the charge was dismissed, it does not count as a conviction. It may be visible in a court record search, but it will typically be clear that there was no conviction.
• If the case was resolved by the defendant completing a deferred disposition or diversion program, the case is dismissed. After the dismissal, it does not appear as a conviction in any official databases.
• Typically, records of non-conviction cases, such as dismissals and acquittals, may be sealed or expunged and made inaccessible to the public after a waiting period.

Records that have been sealed or otherwise restricted from public access typically do not appear during record searches and background checks, offering a cleaner record for employment or housing opportunities.

Expungement or Record Sealing Options in Maine

In Maine, the law offers limited relief for individuals with a criminal trespass charge or conviction on their record. These records may be sealed or expunged depending on the particulars of the case. In Maine, expungement, also referred to as annulment, means the full destruction of the record, while sealing means the record exists but is inaccessible to the public and does not appear in background checks.

While adult convictions, even for misdemeanors, are generally not eligible for sealing or expungement, non-conviction records may qualify to be sealed. Defendants may petition the court to seal the record after a waiting period. These records may be eligible for sealing if they meet the following conditions:

• The case must be a nonconviction case. Charges must have been dismissed, the offender acquitted, or the case settled via a deferred disposition program.
• The offender must have no recent convictions or pending cases.